Washington

  • February 09, 2024

    Microsoft Says Plaintiffs Show No Harm In Overbroad AI Suit

    A legal battle between consumers who say they've been harmed by unlawful data-collection practices related to the development of artificial intelligence and companies that control the new technology continued when Microsoft argued that the accusations against it were simply too broad and unexplained to allow the case to proceed.

  • February 09, 2024

    Ex-Terminix Worker Asks 9th Circ. To Revive PAGA Wage Fight

    A former Terminix worker urged the Ninth Circuit on Friday to vacate an order tossing his nonindividual wage claims while sending his individual California Private Attorneys General Act claims to arbitration, arguing he has standing to bring nonindividual claims under the California Supreme Court's decision in Adolph v. Uber Technologies. 

  • February 09, 2024

    Robinhood Inks $9M Deal To End Promotional Text Suit

    Stock-trading app Robinhood has agreed to pay $9 million to resolve proposed class claims that its "Refer a Friend" program caused non-users to receive unsolicited promotional texts, in violation of Washington state law, consumers told a Seattle federal judge Thursday.

  • February 09, 2024

    Seattle YWCA Says BNY Mellon Mismanaged $20M Fund

    A Seattle-area chapter of the nonprofit Young Women's Christian Association has sued BNY Mellon alleging the bank's mismanagement of an investment portfolio caused $1.4 million in losses for the organization.

  • February 09, 2024

    DEA Wrong To Block Psilocybin Therapy, 9th Circ. Told

    The Drug Enforcement Administration was wrong to deny a Seattle-based physician's request to treat terminally ill patients with psilocybin, the active ingredient in psychedelic mushrooms, under right-to-try laws, the Ninth Circuit was told recently.

  • February 09, 2024

    Consulting Co. Can't Sink Class Challenge To 401(k) Roster

    A Washington federal judge refused to grant a win to a consulting company in a class action brought by a former worker who accused it of costing its 401(k) millions of dollars by offering risky investment options, teeing up the suit to head to trial in April.

  • February 09, 2024

    Pike Place TM Suit Dismissed Following Seattle Settlement

    A Washington judge tossed a trademark infringement case between a popular Seattle fish stand and its landlord after the two parties came to a settlement agreement over claims that the stand had infringed the "Pike Place" mark through the sale of packaged smoked salmon.

  • February 09, 2024

    9th Circ. Says Ford Must Face F-350 Crushed Roof Lawsuit

    The parents of a rodeo barrel racer who died when the roof of her F-350 Super Duty pickup caved in during a rollover will get another shot at pursuing their lawsuit against Ford, the Ninth Circuit ruled, saying their design defect claims aren't time-barred under California law.

  • February 09, 2024

    Ore. Dam Can Be Reviewed In 5 Years, Judge Says

    An Oregon federal district court judge handed down a five-year pause on a decades-old lawsuit over the Columbia River System dams' hydropower practices, saying a stay best serves the orderly course of justice in litigation that's rife with complex issues.

  • February 09, 2024

    Feds Ask 9th Circ. To Pull Plug On Ore. Kids' Climate Case

    The federal government is urging the Ninth Circuit to overturn an Oregon federal judge's decision to greenlight a trial for a lawsuit filed by young plaintiffs who say current energy policies harm their future by exacerbating climate change.

  • February 09, 2024

    Taxation With Representation: Sullivan & Cromwell, Kirkland

    In this week's Taxation With Representation, California Resources Corp. acquires Aera Energy, ZeroFox Holdings goes private, and Acerinox purchases Haynes International.

  • February 08, 2024

    Amazon Hit With Class Action Over 'Rigged' Buying Features

    Two consumers hit Amazon with a proposed class action Thursday in Washington federal court, alleging "hundreds of millions" of customers have overpaid for items because of Amazon rigging algorithms to boost sales of its own retail business and third-party sellers participating in its fulfillment service.

  • February 08, 2024

    Wash. Court Demurs On Ex-NFL Player Abuse Claim

    A Washington appeals court said it won't yet decide if domestic violence can be recognized as an ongoing tort — an issue raised in a woman's lawsuit accusing her ex-romantic partner, former NFL quarterback Mark Rypien, of abuse — ruling on Thursday that the trial judge must make that call first.

  • February 08, 2024

    Wash. Judge Says Tribes Can't Seek Cultural Damages

    A Washington federal judge said the Confederated Tribes of the Colville Reservation can't seek millions of dollars of cultural resource damages over discharges from a Teck Resources Ltd. unit's smelter in Trail, British Columbia, holding that such damages can't be recovered under the Comprehensive Environmental Response, Compensation and Liability Act.

  • February 08, 2024

    Microsoft Calls FTC Activision Layoff Worries 'Misleading'

    Microsoft on Thursday criticized the Federal Trade Commission's "incomplete and misleading" assertion that the company's plan to lay off 1,900 video game workers undercuts its claim that Activision Blizzard Inc. would be maintained as an independent business while the commission challenges the gaming company's $68.7 billion acquisition.

  • February 08, 2024

    House Energy And Commerce Chair Says She'll Retire

    U.S. Rep. Cathy McMorris Rodgers, R-Wash., chair of the House Energy and Commerce Committee, which oversees several federal agencies including telecommunications, energy and environmental regulators, announced on Thursday she won't seek reelection.

  • February 08, 2024

    Atty In 'The Saudi Sun' Case Seeks Jury Trial Over Sanctions

    A Seattle attorney accused of creating a fake newspaper called The Saudi Sun and filing it as a court exhibit is pushing back against a $268,000 sanction order, arguing to the Ninth Circuit that he should have a jury trial first.

  • February 08, 2024

    Wash. Tribes Sue Chevron, Others Over Climate Impacts

    A pair of western Washington tribes claim ExxonMobil, BP, Shell, Chevron, ConocoPhillips and Phillips 66 have lied to consumers about the harmful climate impacts of their fossil fuel products, imperiling their lands and resources and citizens' health, according to complaints removed to federal court by Chevron.

  • February 08, 2024

    Doctor In NBA Fraud Case Can Ditch Atty Over Plea Squabble

    A Seattle physician accused of taking part in a healthcare fraud scheme orchestrated by former NBA players may drop his court-appointed attorney and represent himself in the New York criminal trial, a federal judge in Manhattan ordered, approving the move after the doctor claimed the lawyer refused to withdraw his guilty plea.

  • February 08, 2024

    Seattle Hospital Owes $215K In Mold Suit, Jury Finds

    A Seattle jury awarded $215,000 Thursday to three families whose children were prescribed antifungal treatment after being potentially exposed to toxic mold at Seattle Children's Hospital, concluding a bellwether damages trial and rejecting plaintiffs' request for far more. 

  • February 08, 2024

    Insurer Improperly Settled Shooting Claims, Court Told

    A Seattle-based housing provider said its primary insurer improperly tendered policy limits to settle two underlying claims alleging the provider was liable for deadly shootings near its apartment buildings in Georgia, telling a Washington state court that its insurer's actions have diluted its coverage for other claims.

  • February 07, 2024

    Ex-Rabobank Exec Comes Out Swinging At OCC In 9th Circ.

    A former Rabobank compliance chief on Tuesday told the Ninth Circuit that the Office of the Comptroller of the Currency is an unlawfully overstaffed, overreaching agency whose now-abandoned administrative proceedings against her were baseless and should be expunged.

  • February 07, 2024

    Coupang Says Ex-Atty's Suit Doesn't Work Outside US

    South Korean e-commerce giant Coupang said a former in-house compliance attorney's case against it for firing him after he reported it for allegedly doing business with the Iranian government should be thrown out because he was working outside the U.S. for a foreign company when he made his whistleblowing complaint.

  • February 07, 2024

    Unfriend $90M Facebook Privacy Deal, Objectors Tell 9th Circ.

    The Ninth Circuit heard Wednesday from various objectors who oppose a $90 million deal ending litigation accusing Facebook of unlawfully tracking logged-out users' browsing activity, with one attorney saying Facebook's due process rights wouldn't be violated if it were ordered to pay over $1 trillion in damages.

  • February 07, 2024

    US Tells 9th Circ. Stem Cell Clinic Not Exempt From FDA Rules

    The federal government urged a Ninth Circuit panel Wednesday to revive its bid to stop a clinic from offering experimental stem cell treatments, arguing the clinic's procedures are governed by the Food, Drug and Cosmetic Act because they result in a new product that is marketed as a cure for certain diseases. 

Expert Analysis

  • Finding Focus: Strategies For Attorneys With ADHD

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    Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.

  • Beware Privacy Risks In Training AI Models With Health Data

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    Because data used to train artificial intelligence models may be protected by the Health Insurance Portability and Accountability Act or other regulations, users of these models should conduct proper diligence to avoid costly compliance failures, say Neha Matta and Barbara Bennett at Frost Brown.

  • Opinion

    Courts Shouldn't Credit Allegations From Short-Seller Reports

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    Securities class actions against public companies can extend for years and lead to significant settlements, so courts should not allow such cases with allegations wholly reliant on reports by short-sellers, who have an economic interest in seeing a company's stock price decline, to proceed past the motion to dismiss stage, says Richard Zelichov at DLA Piper.

  • Attorneys, Law Schools Must Adapt To New Era Of Evidence

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    Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.

  • Tips For Litigating Against Pro Se Parties In Complex Disputes

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    Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.

  • Pro Bono Work Is Powerful Self-Help For Attorneys

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    Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.

  • State Regs Sow Discord Between Cannabis, Hemp Industries

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    Connecticut, Maryland and Washington are the latest states choosing to require intoxicating hemp products to comply with the states' recreational marijuana laws, resulting in a widening rift between cannabis and hemp as Congress works on crafting new hemp legislation within the upcoming 2023 Farm Bill, say attorneys at Wilson Elser.

  • Series

    Playing In A Rock Cover Band Makes Me A Better Lawyer

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    Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.

  • Series

    The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'

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    The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.

  • Series

    In Focus At The EEOC: Advancing Equal Pay

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    The U.S. Equal Employment Opportunity Commission’s recently finalized strategic enforcement plan expresses a renewed commitment to advancing equal pay at a time when employees have unprecedented access to compensation information, highlighting for employers the importance of open communication and ongoing pay equity analyses, say Paul Evans at Baker McKenzie and Christine Hendrickson at Syndio.

  • Return Days Key In Hyatt COVID-19 Layoffs Ruling

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    The Ninth Circuit’s recent decision in Hartstein v. Hyatt, which clarified when the hotel giant had to pay out accrued vacation time after pandemic-prompted temporary layoffs, highlights the importance of whether an employer specifies a return date within the normal pay period, say attorneys at ArentFox Schiff.

  • Opinion

    Newman Suspension Shows Need For Judicial Reform

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    The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.

  • 9th Circ. Ruling Expands The Horizons Of Debt Discharge

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    The Ninth Circuit Bankruptcy Appellate Panel’s recent ruling in RS Air v. NetJets demonstrates that creditors should not be quick to conclude that their recoveries are limited if a debtor commences bankruptcy and receives a discharge, and should instead consider other potential paths for recovery, like alter ego claims, say Dania Slim and Claire Wu at Pillsbury.

  • How And Why Your Firm Should Implement Fixed-Fee Billing

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    Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Opinion

    Judicial Independence Needs Defense Amid Political Threats

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    Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.

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